Criminal Defense

A criminal case involves a government prosecuting attorney bringing charges against a defendant for crimes he has been alleged or accused of committing. This usually happens after an individual has been arrested by police for an alleged crime, such as drug possession or drinking and driving, but this is not always the case. Before charges are brought, the arresting officers and prosecuting attorney decide whether to prosecute based on the evidence. This evidence can include witness testimony, physical evidence like drugs or stolen property, and even tape recordings or video surveillance of an alleged crime.

At Bankhead Law Firm, our job is to put on a strong defense and exonerate our clients from any charges against them. In order to do this, if you have been charged with a crime you will meet one-on-one with one of our attorneys in order to determine a defense strategy. The first thing we discuss is how to plea.  A big problem for defendants when deciding how to plea is understanding the nature of the charges against them.

Our job is to make these charges clear and explain possible punishment. It is very important to have a candid and open discussion at this time, prior to the plea, in order to decide on a strategy going forward. If the evidence is circumstantial and you are innocent, Bankhead Law Firm is prepared to try your case and exonerate you. If a plea bargain makes more sense given the nature of the evidence against you, we pledge to get you the best deal possible. Bankhead Law Firm’s goal is to get the best deal possible for our clients, knowing you are innocent until proven guilty and a jury trial of your peers may be necessary.

Where appropriate, Bankhead Law Firm’s attorneys exhaust all possible ways to keep you free from the unpredictability of trial. Before considering trial, we discuss other options like drug court, which focuses on rehabilitation, a plea bargain where the prosecutor reduces charges in exchange for something, and probation.

 

White Collar Criminal Defense

Non-violent financial crimes are generally referred to as white collar crimes and charges of this nature can be emotionally traumatizing and act to destabilize a career, a reputation, and even a family’s well-being. Because of the personal destructiveness of white collar crime allegations, it is critical to get the right kind of counsel immediately. Whether you are facing charges of fraud, embezzlement, computer crimes, racketeering, extortion, or something similar we are here to stand with you.

First and foremost, remember you are innocent until proven guilty and a trial may be in your best interests to defend your reputation and career. At Bankhead Law Firm, we stand ready to defend you to the fullest extent of the law and put on a defense that can question the nature and quality of the charges brought against you.

If you have been accused of a financial crime and your reputation, career, and honor are on the line, give Bankhead Law Firm a call now at 662-234-8500. The sooner you call, the sooner we can help.


DUI and Drug Defense

DUI Offenses:

DUIs can be uncomfortable and unnerving for those who have the misfortune of being charged with them. However, they are not the end of the world, and a defense can be put on against them even if there is evidence that they occurred. If you have been charged with a DUI and you opt for trial, we will question the nature of the prosecutor’s evidence such as the testimony of the arresting officer and the precision of the breathalyzer, as well as the justification for the stop and seizure, at the point of arrest.

Probable cause can be lacking for the stop and if this is the case, the charges may be thrown out. If significant evidence against you exists and a defense looks unlikely to succeed, a guilty plea may be necessary. In this event, you should know the nature of DUI penalties in Mississippi.

First DUI Conviction:
  • Jail – For Up to 48 Hours
  • Fine – From $250 up to $1,000
  • License Suspension – 90 Days
  • License Suspension – Hardship Driving Privileges Possible After 30 Days
Additional Possibilities:
  • Take and complete Alcohol Safety Education Program
  • Attend a Victim Impact Panel
Second DUI Conviction:
  • Jail – From 5 Days to 1 Year
  • Fine – From $600 up to $1,500
  • License Suspension – For 2 Years
  • Community Service – From 10 Days to 1 Year
Additional Possibilities:
  • Ignition Interlock – For 6 Months after License Reinstatement
  • Impoundment or Immobilization of all Registered Vehicles
  • Complete Alcohol Safety Education Program
  • Attend Victim Impact Panel
Third DUI Conviction:
  • Jail – 1 to 5 Years
  • Fine – $2,000 up to $5,000
  • License Suspension – 5 Years
  • Alcohol and/or Drug Abuse Program
  • Vehicle Seizure
Additional Possibilities:
  • Ignition Interlock
  • Vehicle Forfeiture
  • Impoundment or Immobilization of all Registered Vehicles
  • Complete Alcohol Safety Education Program
  • Attend Victim Impact Panel

 

Drug Offenses:

Marijuana Crimes:

Punishment for possession of marijuana can range from a misdemeanor for a first time offense (no jail time and a fine ranging from $100 to $250) to a felony for possession of 30 kilograms or more (fine up to $1,000,000 and jail time from 10 to 30 years). If the charges include the sale of marijuana, the punishment increases dramatically and can even include life without parole if more than 10 lb. is alleged to have been sold. Another factor that is relevant is whether the sale was to a minor (doubling a sentence) or within 1,500 feet of a school, church or other designated area (double penalty).

Possession of 30 grams or less of marijuana can be punished by a fine of $100 - $250 for the first offense. Possession of greater than 30 grams increases the penalty to a fine of up to $3,000 and up to three years in prison. The possession of 250 grams or more is punished by 2 - 8 years in prison and a fine up to $50,000. Possession of 500 grams or more makes the penalty 6 - 24 years in prison and a fine up to $500,000. For possession of 5 kilograms or greater the penalty is 10 -30 years in prison and a fine up to $1,000,000. Additional penalties are possible for possession in any part of a motor vehicle except the trunk.

Delivery or sale of less than one ounce is punishable by up to three years in prison and a fine up to $3,000. The sale of one ounce or more is punishable by up to 20 years in prison and a fine up to $30,000. If the sale is one kilogram or more, the penalty is up to 30 years in prison and a fine of $5,000 - $1,000,000. If the sale is more than 10 pounds, the penalty is life in prison without the possibility of parole.

The sale to a minor doubles the penalty. Delivery within 1,500 feet of the buildings of a school, church, public park, ballpark, gymnasium, youth center, or movie theater also doubles the penalties available.

Possession of 30 grams or less of marijuana in the passenger compartment of a car is a misdemeanor with a fine of no more than $1000, and no more than 90 days in the county jail.

For second or subsequent offenses of over 30 grams of marijuana, the punishment increases to twice the amount available to first offenders.  A second conviction within two years for possession of 30 grams or less carries a fine of $250, and not less than 5 days or more than 60 days in county jail.

For drug convictions, the individual’s driver's license is suspended for six months.

Clearly, marijuana crimes are not to be taken lightly in Mississippi and you should consult the attorneys at Bankhead Law Firm if you believe you are in danger of being charged or have already been charged with the possession or sale of marijuana. Don’t wait until it’s too late. Call us at 662-234-8500 so we can help.

Other Drug Crimes:

Drug crimes can be subject to both federal and state jurisdiction and as a result you need a team of lawyers prepared to navigate the many facets of these cases. Drawing on a network of experienced drug defense lawyers, let the team at Bankhead Law Firm help exonerate you. Possession or sale of powder cocaine, crack cocaine, methamphetamines, or prescription drugs are serious charges that can carry extensive fines and jail time. If you think you are in danger of prosecution for these crimes, call us at 662-234-8500 to see if we can help